PEOPLE v. ARMSTRONG


64 A.D.2d 535 (1978)

The People of the State of New York, Respondent, v. Edward Armstrong, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 11, 1978


Defendant and one Robert Thomas were charged with, inter alia, robbery in the first degree and were tried together. Both gave statements to an Assistant District Attorney following their arrest. Both testified in their own behalf and were the only defense witnesses. The trial court erred in receiving the statement of codefendant Thomas into evidence without informing the jury that such statement did not constitute evidence against defendant Armstrong. Unlike defendant...

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